Common use of Minimum Consolidated EBITDA Clause in Contracts

Minimum Consolidated EBITDA. The Company shall not permit or suffer Consolidated EBITDA to be less than or equal to: (i) $10,000,000 as of December 30, 2021 for the two consecutive Fiscal Quarters then ending, (ii) $25,000,000 as of March 31, 2022 for the three consecutive Fiscal Quarters then ending, (iii) $50,000,000 as of June 30, 2022 for the four consecutive Fiscal Quarters then ending. (iv) $65,000,000 as of September 29, 2022 for the four consecutive Fiscal Quarters then ending. or (v) $70,000,000 as of December 29, 2022 for the four consecutive Fiscal Quarters then endingReserved.

Minimum Consolidated EBITDA. The Company shall not permit or suffer maintain a minimum Consolidated EBITDA equal to be less or greater than or equal to: (i) $10,000,000 as of December 4,750,000 for the fiscal quarter ending on Xxxxx 00, 0000, (xx) $12,200,000 for the cumulative two fiscal quarters ending on June 30, 2021 for the two consecutive Fiscal Quarters then ending2010, (ii) $25,000,000 as of March 31, 2022 for the three consecutive Fiscal Quarters then ending, and (iii) $50,000,000 as of June 21,000,000 for the cumulative three fiscal quarters ending on September 30, 2022 for the four consecutive Fiscal Quarters then ending. 2010.” February 12, 2010 (ivg) $65,000,000 A new paragraph 6A(6) is hereby added to paragraph 6, in proper numeric order, to read as of September 29, 2022 for the four consecutive Fiscal Quarters then ending. or (v) $70,000,000 as of December 29, 2022 for the four consecutive Fiscal Quarters then endingReserved.follows:

Minimum Consolidated EBITDA. The Company shall not permit or suffer Consolidated EBITDA to will be no less than or equal tothan: (i) $10,000,000 as of December 800,000, for the Fiscal Quarter ending closest to September 30, 2021 for the two consecutive Fiscal Quarters then ending, 1998; (ii) $25,000,000 as of March 2,700,000, for the two (2) Fiscal Quarters, determined cumulatively, ending closest to December 31, 2022 for the three consecutive Fiscal Quarters then ending, 1998; (iii) $50,000,000 as of June 306,000,000, 2022 for the four consecutive three (3) Fiscal Quarters then ending. Quarters, determined cumulatively, ending closest to March 31, 1999; and (iv) $65,000,000 as of September 299,500,000, 2022 for the four consecutive (4) Fiscal Quarters then ending. or (v) $70,000,000 as of December 29Quarters, 2022 for the four consecutive Fiscal Quarters then endingReserveddetermined cumulatively, ending closest to June 30, 1999.

Minimum Consolidated EBITDA. The Company shall not permit or suffer maintain a minimum Consolidated EBITDA equal to be less or greater than or equal to: (i) $10,000,000 as of December 3,600,000 for the fiscal quarter ending on September 30, 2021 for the two consecutive Fiscal Quarters then ending2010, (ii) $25,000,000 as of March 9,400,000 for the cumulative two fiscal quarters ending on December 31, 2022 for the three consecutive Fiscal Quarters then ending2010, and (iii) $50,000,000 as of June 30, 2022 18,500,000 for the four consecutive Fiscal Quarters then ending. (iv) $65,000,000 as of September 29cumulative three fiscal quarters ending on March 31, 2022 for the four consecutive Fiscal Quarters then ending. or (v) $70,000,000 as of December 29, 2022 for the four consecutive Fiscal Quarters then endingReserved2011.

Minimum Consolidated EBITDA. The Company shall not permit or suffer Permit the Consolidated EBITDA (i) for the fiscal quarter of the Company ending June 26, 2009 to be less than or equal to: (i) $10,000,000 as of December 30, 2021 or (ii) for the two consecutive Fiscal Quarters then endingfiscal quarters of the Company ending on the last day of any fiscal quarter of the Company ending after June 26, (ii) 2009 to be less than $25,000,000 as of March 31, 2022 for the three consecutive Fiscal Quarters then ending, (iii) $50,000,000 as of June 30, 2022 for the four consecutive Fiscal Quarters then ending. (iv) $65,000,000 as of September 29, 2022 for the four consecutive Fiscal Quarters then ending. or (v) $70,000,000 as of December 29, 2022 for the four consecutive Fiscal Quarters then endingReserved20,000,000.

Minimum Consolidated EBITDA. The Company shall will not permit or suffer its Consolidated EBITDA to be less than or equal tothe amount set forth below opposite such period: (i) $10,000,000 as of December 30, 2021 for the two consecutive Period Minimum Amount Fiscal Quarters then ending, (ii) $25,000,000 as of quarter ending March 31, 2022 for the three consecutive Fiscal Quarters then ending, (iii) 2004 $50,000,000 as of 2,500,000.00 Two fiscal quarters ending June 30, 2022 for the 2004 $20,000,000.00 Three fiscal quarters ending September 30, 2004 $47,500,000.00 Four fiscal quarters ending December 31, 2004 $57,500,000.00 Four fiscal quarters ending March 31, 2005 and each four consecutive Fiscal Quarters then ending. (iv) fiscal quarter period thereafter $65,000,000 as of September 29, 2022 for the four consecutive Fiscal Quarters then ending. or (v) $70,000,000 as of December 29, 2022 for the four consecutive Fiscal Quarters then endingReserved.65,000,000.00

Minimum Consolidated EBITDA. The Company shall will not permit or suffer Consolidated EBITDA for any period set forth below to be less than or equal tothe amount set forth opposite such period: (i) $10,000,000 as of For the fiscal quarter ending on December 3031, 2021 for 2009 $ 15,000,000 For the fiscal quarter ending on March 31, 2010 $ 20,000,000 For the two consecutive Fiscal Quarters then endingfiscal quarters ending on June 30, (ii) $25,000,000 as of March 31, 2022 for 2010 $ 80,000,000 For the three consecutive Fiscal Quarters then ending, (iii) $50,000,000 as of June fiscal quarters ending September 30, 2022 for 2010 $ 145,000,000 For the four consecutive Fiscal Quarters then ending. fiscal quarters ending December 31, 2010 $ 210,000,000 (ivu) $65,000,000 Article VII of the Credit Agreement is hereby amended to restated clause (d) thereof in its entirety as of September 29, 2022 for the four consecutive Fiscal Quarters then ending. or (v) $70,000,000 as of December 29, 2022 for the four consecutive Fiscal Quarters then endingReserved.follows:

Minimum Consolidated EBITDA. The Company shall will not permit or suffer Consolidated EBITDA to be less than or equal to: (ia) $10,000,000 2,500,000 as of December June 30, 2021 for the fiscal quarter then ending, (b) $8,000,000 as of September 30, 2021 for the two consecutive Fiscal Quarters fiscal quarters then ending, ending or (iic) $25,000,000 16,500,000 as of March December 31, 2022 2021 for the three consecutive Fiscal Quarters fiscal quarters then ending, (iii) $50,000,000 as of June 30, 2022 for the four consecutive Fiscal Quarters then ending. (iv) $65,000,000 as of September 29, 2022 for the four consecutive Fiscal Quarters then ending. or (v) $70,000,000 as of December 29, 2022 for the four consecutive Fiscal Quarters then endingReserved.

Minimum Consolidated EBITDA. The Company Borrower shall not permit or suffer Consolidated EBITDA to be less than or equal to: (i) negative $10,000,000 57,000,000 as of December 30June 25, 2021 2020 for the Fiscal Quarter then ending, (ii) negative $90,000,000 as of September 24, 2020 for the two consecutive Fiscal Quarters then ending, (iiiii) negative $25,000,000 65,000,000 as of March December 31, 2022 2020 for the three consecutive Fiscal Quarters then ending, (iiiiv) negative $50,000,000 40,000,000 as of June 30April 1, 2022 2021 for the four consecutive Fiscal Quarters then ending. , or (ivv) $65,000,000 42,000,000 as of September 29July 1, 2022 2021 for the four consecutive Fiscal Quarters then ending. or (v) $70,000,000 as of December 29, 2022 for the four consecutive Fiscal Quarters then endingReserved.